Ubi
Jus Ibi Remedium
Ubi Jus Ibi Remedium is a
Latin legal maxim which means "where there is a right, there is a remedy". The basic principle
contemplated in the maxim is that when a person's
right is violated, the victim will have an equitable remedy under law. The maxim also states that
the person whose right is being infringed has a right to enforce the infringed right through any action before a court.
All law courts are also
guided with the same principle of Ubi Jus Ibi Remedium.
Jurisdiction of courts
Jurisdiction means the power, right and authority to interpret and apply the law.
There are various types of jurisdiction, but the broadest categories are
appellate jurisdiction (the right to hear a case on appeal from another court) and original jurisdiction (the right to hear the
case as the original trial court).
Both are related to subject-matter jurisdiction, which determines the type
of the case (subject) a court may hear and personal
jurisdiction that determines the entities whose cases the court may judge, as
opposed to territorial
jurisdiction, which covers the physical area over which the court has authority. And
then there is the pecuniary
jurisdiction (amount of claim).
No comments:
Post a Comment